[2025:RJ-JP:7061] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 420/2025 Offisar @ Yogesh S/o Mukesh, R/o Nidhara Police Station Badi Sadar District Dholpur (Accused Petitioner In Judicial Custody In District Jail Dholpur) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Sahab Singh S/o Shree Saligram, R/o Kalyanpur Mania District Dholpur ----Respondents For Appellant(s) : Mr. Sumit Kumar Jain For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Neeraj Sharma for Mr. Ankush Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 1. The instant appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 03.02.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur (Raj.) in Criminal Case No. 19/2025 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.339/2024 registered at Police Station Badi Sadar, District Dholpur for the offences punishable under Sections 189(2), 115(2), 126(2), 140(3), 307, 352, 351(2) of BNS, Sections 3(1) (r), 3(1)(S) & 3(2)(v) of SC/ST Act. Investigation is being conducted for the offences punishable under Sections 115(2), [2025:RJ-JP:7061] (2 of 3) [CRLAS-420/2025] 126(2), 140(3), 352, 351(2) & 3(5) of BNS, Sections 3(1)(r), 3(1) (S) & 3(2)(va) of SC/ST Act. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Counsel submits that parties have entered into compromise & same has been annexed with this file. Appellant is in custody since 07.01.2025 & there are no criminal antecedents against him. Counsel argues that trial of the case will take considerable time. Further custody of the appellant would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in this appeal, however, learned counsel for complainant does not dispute the factum of compromise & he has no objection if this appeal is allowed. 4. Heard. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for both the parties, especially the fact that parties have entered into compromise; trial will take time in its conclusion; absence of criminal antecedents as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 03.02.2025 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Dholpur (Raj.) is set aside. It is ordered that the accused-appellant- Offisar @ Yogesh S/o Mukesh, arrested in connection with aforesaid FIR No. 339/2024 [2025:RJ-JP:7061] (3 of 3) [CRLAS-420/2025] registered at Police Station Badi Sadar, District Dholpur, shall be released on bail, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. 7. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /244